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Old 08.03.2017, 22:14
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Subleasing - Binding to the main lease contract

I'm about to rent an apartment for a year, without notice. I found it on UMS.
Everything's really nice generally, apart from the fact that the contract contains the following:

Quote:
This sublease contract is bound to the conditions of the main lease contract. Should these conditions change during the subtenancy, then the changes are valid for this contract, especially if the changes affect the rent (increase and reduction) and/or the termination. Should the main lease contract be terminated for whatever reason, then this sublease contract shall end without exception.
Wow. This just looks ridiculous at first glance. So it means that I'll have an obligation to pay whatever new price the landlord sets? This can be abused. What if the rent increases by 5000 CHF? Or 5 billion for that matter?

Of course I understand that this is very unlikely to happen, but I don't feel comfortable signing that I'll pay the new price without the right to end the contract.

Is there any law that would prevent this from happening? (For example that I can terminate the contract upon any change? It would make sense)
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Old 08.03.2017, 22:32
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Re: Subleasing - Binding to the main lease contract

Not an expert, but I understand this as follows: as it's a sublease, if there's a rent increase on the main lease, this will affect your rent. Which obviously makes sense. However, rents - in this case the rent on the main lease - cannot be increased randomly, but only under certain circumstances (e.g. higher interest rates, renovations/upgrading). They also need to follow a certain process with quite a few formalities and you have an option to dispute it if you disagree.

Afaik this applies no matter what, however on fixed-term contracts, I do not know what would happen in (the highly unlikely case) the rent is indeed increased substantially and whether you have the exact same options to dispute the increase. Chances are the holder of the main lease needs to dispute it, but someone else will be able to confirm.

That being said, I wouldn't worry about this at all.
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Old 08.03.2017, 22:35
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Re: Subleasing - Binding to the main lease contract

You can just strike out the clauses you don't like, initial them, and sign the contract(s) Then wait and see what the first tenant says.
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Old 08.03.2017, 22:57
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Re: Subleasing - Binding to the main lease contract

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Wow. This just looks ridiculous at first glance. So it means that I'll have an obligation to pay whatever new price the landlord sets? This can be abused. What if the rent increases by 5000 CHF? Or 5 billion for that matter?
The law doesn't allow massive increases in rent to a current tenant unless there is some big renovation or there is a new tenant coming in on a new main contract.

If you are worried, join the Mieterverband and take advantage of their legal advice.
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Old 09.03.2017, 03:56
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Re: Subleasing - Binding to the main lease contract

Landlord/sublandlord can only change rent at next cancellation date. If contract is for a fixed duration, rent increase is simply impossible.

The relevant law is Art. 269d OR: rent increase must be communicated 10 days before the beginning of cancellation notice period.
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Old 09.03.2017, 11:08
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Re: Subleasing - Binding to the main lease contract

The clause consists of two parts. One is the condition that the contract ends at the same time as the main contract if the latter is cancelled. Basically I think this is sound, however this also applies if the main contract is cancelled by the main renter (your landlord).

So in effect the non-cancellability only applies to you, not the main renter. Since this possiibility is very one-sided it may be void altogether, but not sure. Personally I'd try to avoid ambiguities by amending it to "... and/or termination by the owner but not by the main renter". The effect will be that you'll still have to move out if he cancels but main renter should be liable for your higher costs, if any.

The other part was answered by ivank above. Changes must be submitted no later than 10 days before the next cancel date; since there's no cancel date that part has no effect.
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Old 09.03.2017, 11:21
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Re: Subleasing - Binding to the main lease contract

Even without this clause the procedure would be the very same:

Sub-lease ends with main lease: Art. 273b Code of Obligations https://www.admin.ch/opc/en/classifi...dex.html#a273b

For rise of rent: The procedure in the already mentioned Art. 269d must be adhered https://www.admin.ch/opc/de/classifi...dex.html#a269d
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Old 09.03.2017, 12:42
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Re: Subleasing - Binding to the main lease contract

You may want to read this thread.
https://www.englishforum.ch/housing-...ar-zurich.html
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